UNMIK on AIR

Kosovo now has International Human Rights Protection

By Andrea Saula

 

 

 

 

Hello and Welcome. You are listening to UN Radio in Kosovo.

 

Kosovo Albanian (on the streets of Pristina): "Minority rights are the same as the rights of the majority. It’s the right to have a job, for example."

 

Question (UN Journalist, Andrea Saula): "Have you ever heard for the European conventions on Protection of National minorities and for the Prevention of Torture?"

Answer (Serbian voice in the enclave, Gracanica): Just a bit. Something from the newspapers but I don’t know a lot.

 

As August drew to a close, Kosovo joined its European neighbors in ratifying an agreement on human rights conventions. The UN administration in Kosovo signed an agreement with the Council of Europe that puts into place key methods for protecting human rights in two key areas.

 

The first is the Framework Convention for the Protection of National Minorities, and the second is the European Convention for the Prevention of Torture and Inhuman Treatment.

 

Signing this bilateral agreement provides practical ways to monitor human rights abuses through conventions established by the Council of Europe - the continent’s oldest political organization, founded in 1949. The CoE counts 45 European countries as members.

 

Scheyer - "The main benefit is that the people of Kosovo will enjoy the same rights and protection as all European citizens. This was not obvious before, due to a very special situation resulting from Resolution 1244 of the UN Security Council."

 

Mark Scheyer, Council of Europe political advisor speaking from his offices in Strasbourg, France.

   

Because of Kosovo’s undetermined political status as an UN protectorate, Conventions on human rights cannot be signed directly by the local government. Which, according to UNMIK spokesperson Mechthild Henneke, is why the UN administration decided to sign the agreements.

 

Henneke - "UNMIK is pleased that through these bilateral agreements a way has been found of extending the benefits of these conventions to Kosovo. This relates also to the technical arrangements that are provided in the agreements to allow the monitoring in Kosovo."

 

But what does this all mean for the people of Kosovo?

 

It means that the rights and freedoms of Kosovans, much like the 800 million Europeans under the Council of Europe umbrella, will now be monitored by independent international entities.

 

Council of Europe political adviser, Mark Scheyer says that under the Anti-torture Convention, the CoE’s Committee Against Torture will now have the right to visit Kosovo for monitoring and advisory purposes.

 

"On the other Convention UNMIK and the Provisional Institutions of Self Government will have to report regularly on the way they implement the rights and liberties secured under the Framework Convention for National Minorities including particular use of language and the way they can participate in political life, the rights in the area of education and the Committee of Council of Europe will come and review on the spot this implementation and will make recommendations for further improvement of the situation of national minorities." 

 

Someone who asserts that the current human rights situation in Kosovo should improve is Ombudsperson Mark Antoni Nowicki. He thinks that a great deal of the responsibility does rest with the local institutions, but as the peoples lawyer, Nowicki places ultimate responsibility on the UN administration - the defacto enforcement arm for these human rights conventions.

 

Nowicki - "The responsibility, as for everything, is on UNMIK - responsibility towards the international Community and the responsibility towards the people living in Kosovo. Of course to certain level and in the frames of their competences provisional self-government institutions will share this responsibility but as the final responsible as in every context it is UNMIK."

 

Greeting the signing of this agreement as a positive step towards more western European standards, Bexhet Shala with Pristina’s NGO “Council for the Defense of Human Rights and Freedoms,” is among a chorus of people expressing grave doubts about the implementation of such an agreement.

 

Shala -  "These Conventions SHOULD be signed by the administration but no one can either guarantee or create mechanisms for their implementation. Local structures don’t have competencies, local authorities do not control the judiciary and security elements but they are the part of the UN reserved powers."   

 

Currently, the Council of Europe is working to establish the Committee Against Torture. They hope to begin monitoring human rights activities in Kosovo by 2005.

 

This concludes today's edition of UNMIK On-Air. Be sure to tune tomorrow for UNMIK’s inaugural edition of Week in Review, a weekly review of news in and around Kosovo.